DeSantis to Police Free Speech. What Does it Mean for Individuals and Businesses?

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Florida Governor Ron DeSantis and Republican leadership share a piercing problem with the First Amendment and freedom of speech.

The First Amendment gives individuals the right to voice their opinion freely and publically, without fear of prosecution. Now, DeSantis is fighting tooth and nail to squash any such right. He is the most recent and powerful Republican to urge the Supreme Court to reconsider its decision in New York Times Company v. Sullivan.

Conservative lawyers, judges, politicians, and legal scholars spearhead a campaign to reverse the ruling entirely, empowering officials to slam their critics without proving malice or malpractice.

DeSantis Against the First Amendment

The ruling raised the bar for defamation actions involving prominent people and was upheld for decades. This norm has allowed journalists to examine and critique prominent people without worrying they may face prosecution for their words.

DeSantis, a prospective Republican presidential candidate, is trying to position himself as the focal point of a conservative campaign against the media.

According to Sullivan Act, public figures suing for defamation must demonstrate that a report contains false and damaging facts and that its publisher is acting with "actual malice" by knowing the information is incorrect or carelessly ignoring the truth.

People in power can't just "shush" their critics, lock them up and throw away the key. These rules may change soon as DeSantis gains more power.

Private citizens are no exception

The precedent pertains not only to mainstream media outlets but also to private citizens, businesses, political websites, and podcasters, who would be much more vulnerable to defamation claims if the burden of evidence were decreased.

DeSantis claimed that the media used Sullivan as a shield to "smear" candidates on purpose and claimed that the precedent deterred individuals from running for office. He questioned the panelists if the current Supreme Court would be "receptive" to taking up the matter again.

In a court document filed in December, former President Donald Trump, who discussed changing libel laws as president, posed the same question.

As of now, it is still being determined whether the court is set to revisit Sullivan.

The Supreme Court is overwhelmingly conservative, and it would not be a surprise if they tried to limit the First Amendment.

What do you think about DeSantis' attack on freedom of speech?

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